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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

NOVEMBER 22, 2004


7:30 P.M. SUB-REVIEW COMMITTEE MEETING

1. OPENING STATEMENT

The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 475 Corporate Drive, Mahwah, N. J. was called to order at 8:00 P.M. by Dr. Ross, Chairman. The Opening Statement was read according to the Sunshine Law, followed by the flag salute and roll call.

These minutes are a synopsis of the meeting. A verbatim audio tape recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Dr., Mahwah, N. J. Copies of the tapes may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian (8:03)

ABSENT: Mr. J. Kelly, Mr. Lamster

PROFESSIONALS: Peter Scandariato, Esq., Mike Kelly, P.E., Joe Burgis, P.P.

II. APPROVAL OF BILLS

11/8/04 Law Office of Carmine R. Alampi, Esq. $270.00
Peter J. Scandariato, Esq.

11/8/04 Law Office of Carmine R. Alampi, Esq. $945.00
Peter J. Scandariato, Esq.

11/8/04 Law Office of Carmine R. Alampi, Esq. $540.00
Peter J. Scandariato, Esq.

11/8/04 Law Office of Carmine R. Alampi, Esq. $405.00
Peter J. Scandariato, Esq.

11/8/04 Law Office of Carmine R. Alampi, Esq. $1350.00
Peter J. Scandariato, Esq.

11/8/04 Law Office of Carmine R. Alampi, Esq. $400.00
Peter J. Scandariato, Esq.

A motion to approve the bills was made by Mr. DaPuzzo and seconded by Mr. Jandris. All voted in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of November 8, 2004 was made by Mr. DaPuzzo and seconded by Mr. Jandris. All voted in favor.

IV. RESOLUTIONS

There were no Resolutions presented.

V. OPEN TO THE PUBLIC

A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by Mr. Brotherton. All in favor.

A motion to close the meeting to the Public was made by Mr. Trent and seconded by Mr. Jandris. All in favor.

VI. PUBLIC HEARINGS

A. DKT. #470, AIRMONT CONSTRUCTION (COBBLESTONE COURT)
MAJOR SUBDIVISION

Public Hearing carried to December 6, 2004 at the request of the applicant.

B. E-BD-216-1500(3) – DEBELLO, 122 FARDALE AVENUE – BL. 162,
LOT 229.09 – SOIL MOVEMENT

Robert DeBello, 1 Montawk Trail, Wayne, N. J. and John Kish, 545 Old Woods Rd., Wyckoff, N. J. were sworn in.

The applicant is before the Board for an amended soil movement. They have changed some of the retaining walls that were on the original plan and added some walls that would make the property more usable. The new proposed soil calculations are as follows: Volume of cut 537 c.y.; Fill 1,775 c.y.; Net Fill 1,238 c.y. The material will be imported from the neighboring property.

Mike Kelly stated that they have reviewed the retaining wall stability calculations and retaining wall calculations and have no problems with them. The applicant will be required to install a seepage pit to retain the run off from the additional impervious area that is being created by the pool and patio.

Since this is an amended application, Mr. DaPuzzo requested that the applicant place concrete monuments at locations where the wetland transition areas cross the property lines and iron rods at all directional changes of the transition areas so it could be located down the road for a future owner. Mike Kelly stated he would address this with the applicant.

In answer to Mr. Donigian’s questions, Mr. Kelly stated they have the wetlands delineation and buffer averaging approval from the DEP. There are no encroachments on any of the wetland areas that were previously approved.

A motion to open to the Public was made by Mr. DaPuzzo and seconded by Mr. Brotherton. All in favor.

A motion to close to the Public was made by Mr. Brotherton and seconded by Mr. DaPuzzo. All in favor.

A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

C. DKT. #479 & #479-S, CENTER FOR FOOD ACTION

James Jaworski, Esq. appeared on behalf of the applicant.

Mr. Jaworski stated that the proposed site is located in the PED zone in Block 135, Lot 54.02 and a small portion of Lot 44.

Mr. Jaworski described the Center for Food Action and the type of educational programs they have in connection with the center.

The following exhibits were marked:

Exhibit “A-1” – Deed of Minor Subdivision
Exhibit “A-2” – Lease Agreement with Board of Education (50 year lease agreement)
Exhibit “A-3” – Letter of Interpretation

There are no variances with this application but there are some design waivers.

Patricia Espy, Director of Center for Food Action, 192 W. Demarest Ave, Englewood, N. J. was sworn in. She stated her credentials and gave a brief description of the center and its functions. The Center for Food Action is a charitable and education organization under Section 501.C3 of the U.S. Internal Revenue Code.

Mr. Jaworski marked The Center for Food Action Brochures and miscellaneous resumes as Exhibit “A-4”.

Ms. Espy described their present location which is on the grounds of the Police Academy. They have several trailers which they are using for offices. She explained why there is the need for a new location. There will be 8 volunteers in any given day and 7 to 10 families a day that use their service. They are by appointment only and Ms. Espy feels the proposed 21 parking spaces are adequate.

Alexander Lapatka, P.E. was sworn in. He described the property as 3.9 acres which was recently created by a subdivision approved by the board. There are some wetlands on the property and the applicant has received an LOI approval by the DEP. The applicant proposes to construct a 5200 sq. ft. building. In front of the property they propose to construct a 21 car parking lot which will service the building and in the westerly side of the building there will be a loading area. The applicant is also proposing a second parking area consisting of 64 spaces for use by the Board of Education. Both parking lots will be serviced by 1 driveway.

Mr. Lapatka stated that they will have to apply to the NJDEP for certain permits. One is a buffer averaging permit in the southeastern portion of the property. In the northwestern portion they are applying for a permit to fill certain transition areas of isolated wetlands. At the northerly end they are proposing to fill in a small amount of wetlands.

There is a standard catch basin and storm drainage system for the parking lot. They will be piping this to an underground retention system.

Mr. Lapatka described the type of proposed landscaping and the lighting plan.

The applicant is also requesting a soil movement approval. The application calls for a total soil movement of 5971 c.y. This number was questioned by Mike Kelly and the recalculated total is 4851 c.y.

Mr. Jaworski marked the full set of plans as Exhibit “A-5”.

Mr. Lapatka referred to the Boswell Engineering report of November 18, 2004 addressing the comments regarding the plan for which they will need waivers:

1. The code requires the Key Map show areas within 1500 ft. They show areas within
750 ft. If the waiver was not granted they could give that information.

2. They will add zone boundaries within 200 ft.

3. Building location and elevation plans will be provided.

4. They are asking that the 500 ft. drainage map requirement be waived. Mr. Lapatka
feels this has no effect on the application.

5. A waiver is needed for the parking lot set back. They are proposing to construct a
continuous parking lot since both sites are owned by the Board of Education. They
are requesting a waiver for the 8 ft. from the property line. They are proposing 3 ft.
from the property line in order to maximize the number of parking spaces. The
applicant is proposing 9 ft. x 18 ft. parking spaces. Mr. Lapatka stated that they could
make the parking spaces 9 ft. x 20 ft. in the Center for Food Action parking lot, if
necessary, since they have enough room to do so.

6. Mr. Lapatka explained the reason for a 15 ft. curb return radii proposed at the entrance
instead of the 35 ft. curb radius required by code. Mr. Lapatka stated that in his
opinion this is considered an interior driveway and not intersecting any street.

7. The applicant is proposing slopes IV:3H. Mr. Lapatka stated this was done
to minimize the disturbance to the wetlands and to minimize the number of trees to be
removed. The applicant has also agreed to install a guide rail along the east of the
entrance drive at the upper parking area.

Mr. Lapatka stated there will be no tractor trailer or large trucks on the site.

The applicant agrees to any recommendations or suggestions Mr. Kelly has regarding drainage and lighting. All lighting will be appropriately shielded.

Mike Kelly indicated that the applicant would have to install 22 iron rods and 4 concrete monuments to delineate the wetland buffer. He stated that they would require this along the buffer and not the buffer and the wetlands. Since they are dealing with this type of agency and the Board of Education, Mike Kelly took no exception to the waiving of this requirement. The applicant will be required to delineate the wetland buffer with an orange construction fence accurately installed in the field prior to construction. Mr. DaPuzzo asked if Mr. Kelly is comfortable with this. He said he was.

Regarding the buffers and landscaping, Mr. Scandariato suggested the application, if approved, be subject to Mike’s approval of the landscape plan.

Mr. Burgis asked that the applicant have some type of identification sign.

Mike Kelly stated that he has no issues with the waivers requested by the applicant.

Kevin Spink, 80 East Ridgewood Ave., Paramus, N. J. was sworn in. He reviewed the architectural plans with the Board. Mr. Spink described the interior and exterior of the proposed building.

A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by Mr. Jandris.

A motion to close the meeting to the Public was made by Mayor Martel and seconded by Mr. DaPuzzo.

A motion to approve subject to conditions mentioned above was made by Mr. DaPuzzo and seconded by Mr. Crean. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

VII: WORK SESSION

A. COMMITTEE REPORTS

1. TA#03-2022-A, LA GELATERIA, 78 FRANKLIN TURNPIKE -
AMENDMENT TO A PRIOR RESOLUTION

2. TA#04-2030, DSM CONSULTING, 65 RAMAPO VALLEY RD.

A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

B. OLD/NEW BUSINESS

1. MEETING OF DECEMBER 20, 2004.

Notice is hereby given that the meeting of December 20, 2004 is cancelled.

2. MEETING TIME

A motion to change the meeting time from 8:00 p.m. to 7:00 p.m. and adjourn at 10:00 p.m. with a 6:45 sub-review committee was made by Mr. DaPuzzo and seconded by Mayor Martel. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.
This change will begin January 1, 2005.

A motion to adjourn was made by Mr. DaPuzzo and seconded by Mr. Jandris. All in favor. The meeting was adjourned at 9:38 p.m.




These minutes were prepared by Rosalie DeMartino.








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